Party that Stipulated That a Category of ESI Would Not Be Collected Barred from Later Seeking to Compel its Production
Commercial Case Notes / Discovery/Disclosure

Party that Stipulated That a Category of ESI Would Not Be Collected Barred from Later Seeking to Compel its Production

On July 14, 2023. Justice Reed of the New York County Commercial Division issued a decision in Latin Mkts. Brazil, LLC v. McArdle, 2023 NY Slip Op. 50719(U), holding that a party that stipulated that a category of ESI would not be produced was barred from later seeking to compel its disclosure . . . Continue reading Party that Stipulated That a Category of ESI Would Not Be Collected Barred from Later Seeking to Compel its Production

Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages
Commercial Case Notes / Contracts

Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages

On July 19, 2023, the Second Department issued a decision in FPG CH 94 Amity, LLC v. Pizzarotti, LLC, 2023 NY Slip Op. 03852, holding that a plaintiff was not entitled to summary judgment on a breach of contract claim because there were questions of fact regarding damages . . . Continue reading Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages

Consumer Credit Fairness Act’s Reduction in Limitations Period for Breach of Contract Claims Against Consumers not Retroactive
Commercial Case Notes

Consumer Credit Fairness Act’s Reduction in Limitations Period for Breach of Contract Claims Against Consumers not Retroactive

On June 30, 2023, Justice Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2023 NY Slip Op. 32222(U), holding that the Consumer Credit Fairness Act’s reduction in the limitations period for breach of contract claims against consumers is not retroactive . . . Continue reading Consumer Credit Fairness Act’s Reduction in Limitations Period for Breach of Contract Claims Against Consumers not Retroactive

Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action
Commercial Case Notes / Statute of Limitation/Laches

Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action

On July 19, 2023, the Second Department issued a decision in Sperry Assoc. Fed. Credit Union v. John, 2023 NY Slip Op. 03880, holding that relation back under CPLR 205-a was available for claims dismissed in favor of a prior pending action . . . Continue reading Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action

Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees
Commercial Case Notes / Discovery/Disclosure / Indemnification, Advancement and Attorneys' Fees / Privilege/Work Product

Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees

On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Mehra v. Morrison Cohen LLP, 2023 NY Slip Op. 50714(U), holding that a defendant was entitled to unredacted invoices supporting a claim for damages based on attorneys’ fees . . . Continue reading Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees

Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses
Commercial Case Notes / Partnerships

Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses

On July 12, 2023, Justice Reed of the New York County Commercial Division issued a decision in Kiehl v. Cavicchio, 2023 NY Slip Op. 50706(U), dismissing claims based on an alleged oral partnership agreement for lack of allegations of an agreement to share losses . . . Continue reading Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses

Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim
Commercial Case Notes / Conspiracy/Aiding and Abetting

Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim

On July 13, 2023, the First Department issued a decision in Iberdrola Energy Projects v. MUFG Union Bank, N.A., 2023 NY Slip Op. 03841, holding that a plaintiff was not required to plead the inapplicability of an affirmative defense to an aiding and abetting and conspiracy claim . . . Continue reading Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant
Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant

On July 7, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50674(U), holding that an unjust enrichment claim failed for lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant